The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) has unveiled a new proposed rule that would again change the requirements for determining a worker’s classification as an employee versus contractor. The proposed rule, which was published in the Federal Register yesterday, is very similar to one that had been adopted during the Obama administration and subsequently scuttled by the Trump administration. It includes a multi-factor economic realities test that considers different factors of the working relationship (such as employer control of work tasks as well as worker investment costs for their own equipment) when defining worker status. In addition, the rule reintroduces a “totality of the circumstances” analysis, where all the factors involved in the working relationship are considered and analyzed equally. The current rule, adopted during the Trump administration, outlines a similar multi-factor test, but gives much greater weight to how much control workers have over their job duties as well as the opportunities for profit or loss in the worker classification determination. A determination that a worker is an employee rather than an independent contractor under the Fair Labor Standards Act (FLSA) brings with it a full minimum wage along with overtime compensation and myriad other worker protections. The public comment period is now open for 45 days – until November 28 – during which time public comments will be accepted at www.regulations.gov.